Andreozzi & Associates has teamed up with the non-profit organization Let Go Let Peace Come In to provide victim services to those who claim to have been sexually assaulted by Jerry Sandusky, former defensive coordinator at Penn State. The organization has generously offered to provide financial resources to fund trauma therapy for the sexual assault victims in the Penn State case. Ben Andreozzi is in the process of arranging therapy sessions with qualified health care providers to ensure the victims in the Penn State case are cared for during these difficult times. The firm is also ensuring that the rights of sexual assault victims in the Penn State case are protected, and the victims are not subjected to unnecessary scrutiny.
A civil case against Penn State or those now affiliated with Penn State, or formerly affiliated with Penn State, would only be brought at the conclusion of the criminal case. Because the criminal case is currently pending, it is inappropriate to provide specific information related to the sexual assault victims. For more information, please contact Andreozzi & Associates today.
Bringing a Sexual Abuse Claim Against a School in Pennsylvania
Although public schools and universities are afforded certain governmental immunities under the law, they can still be sued by sexual assault victims. The cause of action is based in federal law, not state law.
The right to sue a public school or university is grounded in one's constitutionally protected right to bodily integrity. When a public school or university violates that right it may be subject to liability. In summary, the sexual assault victim typically must establish that the public school or university affirmatively created a danger for the victim. When an official at a public school or university knows of a risk of harm to a victim and is deliberately indifferent to that risk, that official may be liable in their official capacity with that public school or university. Officials at public schools and universities can also be sued outside of the scope of their employment.
An example of deliberate indifference which would likely give rise to viable cause of action would be when a school allows a teacher or former teacher to continue to shower with a student after the school has been placed on notice that the teacher has acted inappropriately with another student in the shower. Furthermore, the simple fact that the school allowed the teacher to be in the shower with the student could in and of itself create a scenario which would give rise to a viable lawsuit.
